Arizona, June, 2004, State Case law

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State Courts - Arizona - June 29, 2004

Daystar Invs. v. Maricopa Co Treasurer, Arizona Supreme Court No. CV-04-0089-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Decided
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In re Commitment of Conn, Arizona Supreme Court No. CV-04-0116-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Decided
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Long v. City of Glendale, 1 CA-CV 03-0051, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, June 29, 2004, Filed
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Overview: Suit based on terms in deed that required City to build a runway was not barred by public entity accrual statute, as claim accrued when plaintiff "realized" damage, but permissive parol evidence rule could not be used to change meaning of deed terms.

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OConnor v. Hyatt, Arizona Supreme Court No. CV-04-0126-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Decided
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Phelps v. Firebird Raceway, Inc., Arizona Supreme Court No. CV-04-0114-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Decided
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Phillips v. Araneta, Arizona Supreme Court No. CV-03-0351-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Filed
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Overview: Trial court did not abuse discretion in requiring defendant to submit to examination, where defendant indicated he would raise mental state as mitigating factor in murder trial, but order did not adequately protect self-incrimination privilege.

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Stanley v. McCarver, Arizona Supreme Court No. CV-03-0099-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Filed
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Overview: Physician, for consideration, interpreted a nurse's pre-employment x-ray, which showed abnormalities. Nurse was later diagnosed with cancer. Physician owed a duty of care to nurse, despite lack of patient-physician relationship.

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State v. Brown, Arizona Supreme Court No. CR-04-0108-PR, SUPREME COURT OF ARIZONA, June 29, 2004, Decided
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State v. Dewakuku, 1 CA-CR 03-0280, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 29, 2004, Filed
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Overview: Determination of defendant's release status for sentencing purposes should have been done by a jury, not a judge. Also, defendant's admission that he was on release at time of assault was not knowing and voluntary.

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State v. Reinhardt, 1 CA-CR 02-1003PR, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 29, 2004, Filed
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Overview: A trial court erred in finding that defendant's three personal drug possession convictions constituted two strikes for sentencing purposes because they occurred on the same occasion. Thus, the convictions should have been considered as one strike.

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